Preparatory Offences Flashcards
Administering Substance with Intent (Date Rape Offence)
s61 Sexual Offences Act 2003
(1) A person commits an offence if he intentionally administers a substance to, or causes a substance to be taken by, another person (B)—
(a) Knowing that B does not consent, and
(b) With the INTENTION of stupefying or overpowering B, so as to enable any person to engage in a sexual activity that involves B.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 10 years.
- What situations would an offence of administering substance with intent apply (s61)?
- When would it not apply?
- A spiking B’s soft drink with alcohol where B did not know he/she was consuming alcohol.
- This is an offence of ‘intent’ therefore if someone saw the substance being put in the drink and intervened before the victim drank it, the offence is still made out. - It would not cover A encouraging B to get so drunk that A could have sex with B.
Committing Criminal Offence with Intent to Commit a Sexual Offence
s62 Sexual Offences Act 2003
A person commits an offence under this section if he commits any offence with the intention of committing a relevant sexual offence.
This covers virtually all regularly occurring sexual offences, including aiding, abetting, counselling or procuring an offence. It does not include offences under the Protection of Children Act 1978.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 10 years.
- Where the offence committed is kidnapping or false imprisonment = Indictment - Life imprisonment.
Give examples of committing an offence with intent to commit a sexual offence
A kidnaps B so that A can rape B but is caught by the police before committing the rape.
A detained B in his/her flat with this intention, or assaulted B to subdue him/her so that A could more easily rape B.
There is no express requirement for there to be any immediate link between the two offences and the time period between the two is not outlined.
Trespass with Intent to Commit a Sexual Offence
s62 Sexual Offences Act 2003
(1) A person commits an offence if—
(a) He is a trespasser on any premises,
(b) He intends to commit a relevant sexual offence on the premises, and
(c) He knows that, or is reckless as to whether, he is a trespasser.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 10 years.
Sex with an Adult Relative: Penetration
s64 Sexual Offences Act 2003
(1) A person aged 16 or over (A) (subject to subsection (3A)) commits an offence if—
(a) He intentionally penetrates another person’s vagina or anus with a part of his body or anything else, or penetrates another person’s mouth with his penis,
(b) The penetration is sexual,
(c) The other person (B) is aged 18 or over,
(d) A is related to B in a way mentioned in subsection (2), and
(e) A knows or could reasonably be expected to know that he is related to B in that way.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 2 years.
Sex with an Adult Relative: Consenting to Penetration
s65 Sexual Offences Act 2003
(1) A person aged 16 or over (A) (subject to subsection (3A)) commits an offence if—
(a) Another person (B) penetrates A’s vagina or anus with a part of B’s body or anything else, or penetrates A’s mouth with B’s penis,
(b) A consents to the penetration,
(c) The penetration is sexual,
(d) B is aged 18 or over,
(e) A is related to B in a way mentioned in subsection (2), and
(f) A knows or could reasonably be expected to know that he is related to B in that way.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 2 years.
Exposure
s66 Sexual Offences Act 2003
(1) A person commits an offence if—
(a) He intentionally exposes his genitals, and
(b) He intends that someone will see them and be caused alarm or distress (no need for sexual gratification).
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 2 years.
Outraging Public Decency
Common Law
It is an offence at common law to commit an act of lewd, obscene or disgusting nature and outrage public decency.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– Unlimited.
What is voyeurism?
s 67(1) Sexual Offences Act 2003
a) A person commits voyeurism if for the purpose of gaining sexual gratification he/ she observes another person doing a private act
b) …he\she knows that the other person does not consent to being observed for [the purposes of] sexual gratification.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 2 years.
Voyeurism using live link equipment is covered under what legislation?
s 67(2) Sexual Offences Act 2003
Person A commits an offence if he/she operates an equipment with the intention of enabling another person B to observe, for sexual gratifications, a third person C doing a private act.
Person A must know that C has not consented to this.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 2 years.
The recording of images in relation to voyeurism is covered under what legislation?
s 67(3) Sexual Offences Act 2003
Similar to s 67(2) except that the acts are recorded and not just transmitted.
Aggravating factors include recording of images in relation to voyeurism to then circulate these images or recordings, particularly when motivated by commercial gain (Sentencing Guidelines Council, 2007).
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 2 years.
Installing equipment and adapting structures for voyeurism is covered under what legislation?
s 67(4) Sexual Offences Act 2003
The offence is committed even if the installation of adaptation is never used.
A structure can include a tent, vehicle, vessel, or some other temporary or moveable structure.
Penalty:
- Summarily– 6 months and/ or fine.
- Indictment– 2 years.
Sexual activity in a public lavatory
s71 Sexual Offences Act 2003
(1) A person commits an offence if—
(a) He is in a lavatory to which the public or a section of the public has or is permitted to have access, whether on payment or otherwise,
(b) He intentionally engages in an activity, and,
(c) The activity is sexual.
Penalty:
- Summarily– 6 months and/ or fine.
Questions: Dan and Rachel are in a club. Dan likes Rachel and wants to have sex with her. He keeps buying her double Gin and Tonics (which she gratefully accepts). She gets quite drunk and agrees to have sex with Dan.
Has an offence under Administering Substance with Intent been committed?
- No, it has not.
- Rachel is consenting to the drinks being bought and drinking them.
- Dan may have the intention to have sex with Rachel but she is consenting to alcohol.
- Her inhibitions are being lowered but that does not satisfy the offence.
